Adrift
in the Pacific
The Implications of
Australia’s Pacific Refugee Solution
“For those who’ve come across the seas
We’ve boundless plains to share
With courage let us all combine
To advance Australia fair.’
The
National Anthem Advance Australia Fair
Oxfam
Community Aid Abroad
156
George Street,
Fitzroy,
Victoria 3065
Australia
February 2002
Contents
Executive Summary........................................................................ 5
What is the cost of Australia’s refugee policy in the Pacific?............................................................. 5
Will funds for Nauru be taken from other AusAID programs in the Pacific?....................................... 5
Why place refugees in countries that have not signed the 1951 Refugee Convention?.................... 6
When will refugees leave the camps?............................................................................................... 6
Why export the policy of mandatory detention?................................................................................. 6
Has the refugee policy damaged Australia’s standing in the islands?............................................... 6
Why was there no regional co-ordination?........................................................................................ 7
What can be done?........................................................................................................................... 7
PART ONE........................................................................................... 8
Detention of asylum seekers in the Pacific.......................................................... 8
Australian government policy................................................................................................................... 8
a. Nauru....................................................................................................................................... 9
b. Papua New Guinea................................................................................................................. 10
c. Aotearoa/New Zealand........................................................................................................... 11
PART TWO......................................................................................... 12
Impact on Pacific development priorities.......................................................... 12
Total AusAID flows to Nauru 1990 – 2001....................................................................................... 13
PART THREE..................................................................................... 14
Issues arising from Australian program of detention in the Pacific.................. 14
a. Humanitarian impact on asylum seekers................................................................................ 14
b. Placement of asylum seekers in countries that are not party to 1951 Refugee Convention... 14
c. Resettlement of people to third countries after gaining refugee status.................................. 15
d. Introduction of mandatory detention programs into Pacific..................................................... 16
e. Refugees and internally displaced people in the Pacific......................................................... 17
f. Political fallout damages Australia’s image............................................................................. 18
APPENDIX ONE................................................................................. 20
Approaches to other Pacific countries............................................................... 20
Timor Lorosa’e................................................................................................................................ 20
Fiji 20
Kiribati............................................................................................................................................. 20
Palau 21
Tuvalu............................................................................................................................................. 21
APPENDIX TWO................................................................................. 22
Regional opposition to Australian policy on asylum seekers in the Pacific..... 22
Vanuatu Prime Minister................................................................................................................... 22
Forum Secretariat........................................................................................................................... 22
Fiji political, church and NGO leaders............................................................................................. 22
Nauru.............................................................................................................................................. 23
Papua New Guinea Foreign Minister sacked................................................................................... 24
Pacific Conference of Churches and Catholic Bishops Conference................................................ 24
Private sector.................................................................................................................................. 24
ENDNOTES........................................................................................ 25

156 George Street, Fitzroy, Victoria 3065
At the
beginning of the Tampa crisis in
August 2001, the Australian government approached a number of neighbouring
countries in the Pacific region to establish offshore detention centres – the
so-called “Pacific Solution”.
Aotearoa/New
Zealand, Nauru and Papua New Guinea agreed to take the Tampa refugees and others who arrived in Australian waters in
subsequent weeks, and to establish detention camps to hold the asylum seekers
while their applications for refugee status were processed. Other island
countries including East Timor, Fiji, Palau and Kiribati were also approached
to take asylum seekers, but have not done so.
There are
over 1,550 people currently held in detention centres in the Pacific who were
seeking refuge in Australia (1,118 asylum seekers are in detention on Nauru and
a further 446 on Manus Island in Papua New Guinea as at 30 January 2002). A
further 130 people have been declared as refugees, and have obtained residency
in Aotearoa/New Zealand.
The costs
of establishing and maintaining camps in Nauru and Papua New Guinea, and
processing applications for refugee status are met by Australia. Application
processing is being conducted by Australian officials in Papua New Guinea and
by Australian officials and the United Nations High Commission on Refugees
(UNHCR) in Nauru.
Independent
visitors to the camp in Nauru have noted the harsh physical conditions, and the
trauma and uncertainty faced by the asylum seekers – conditions that have
sparked protests, riots and acts of self-harm in detention camps in Australia.
The exact cost of sending asylum seekers to the Pacific has
not been fully revealed, though media reports state that the Cabinet has been
told it will cost up to $500 million dollars[1]
to send asylum seekers to other Pacific nations.
Official government figures estimate the cost of setting up and running the detention centres in the Pacific at $96 million in 2001-02 ($72 million for the camps in Nauru, and $24 million for the detention centre in Papua New Guinea). The Royal Australian Navy has spent further millions on transporting the asylum seekers, and there are numerous other costs.
Nauru has been pledged a further $30 million for taking the asylum seekers which is being spent on a range of development programs and Papua New Guinea another $1 million. Some of these programs cannot be sustained (e.g. purchase of fuel and payment of hospital bills) and others (e.g. tertiary scholarships) will require funding beyond this year.
In the
Australian aid budget for 2001-2, Nauru was scheduled to receive just $3.4
million through the Australian Agency for International Development
(AusAID). Therefore the pledge
of $30 million to Nauru is a major shift in policy for the Australian
government – the amount is greater than all AusAID funds provided to Nauru
between 1993-2001. It is also more than 18 per cent of the total AusAID budget
for the Pacific Islands (excluding Papua New Guinea), which is budgeted at
$164.6 million in 2001-02.
The financial
inducements offered to Nauru have distorted Australian development assistance
priorities in the South Pacific, which are supposed to focus on poverty
alleviation and governance programs.
In its
Mid-Year Economic and Fiscal Outlook Statement 2001-2002, the Australian
government budgeted an extra $16.4 million for AusAID to pay for fuel and
hospital bills and other projects for Nauru in 2001-02. Combined with the
existing AusAID budget of $3.4 million for Nauru, this extra allocation is not
sufficient to meet the amount of $30 million promised to the Nauru government.
This raises
questions about the sustainability of the so-called development initiatives in
Nauru:
-
Will
the necessary funds to meet the $30 million pledge be drawn from other AusAID
budget lines, with other South Pacific bilateral and regional programs cut back
to meet the Nauru commitments?
-
What
impact will this have on AusAID development priorities in the Pacific
(including good governance and poverty alleviation)?
-
Will
funding for Nauru continue at this increased level in 2002-3, or will the
country simply benefit from a one-off windfall, with no sustainability of
programs?
-
Will
one-off payments for Nauru (e.g. payment of hospital bills in Australia) divert
funds from AusAID’s long-term development priorities such as primary health
care and preventative health education?
Nauru is
not a signatory to the 1951 Convention on the Status of Refugees and
has no expertise in processing applications for asylum. Other Pacific countries
cited as possible locations for detention camps, such as Palau (16,000 people)
and Kiribati (70,000 people), have also not signed the Convention.
While Papua
New Guinea has signed the 1951 Refugee
Convention, it has placed on it significant reservations, and does not
accept Convention obligations covering: Wage-earning employment (Art.17);
Housing (Art.21); Public education (Art.22); Freedom of movement (Art.26);
Refugees unlawfully in the country of refuge (Art.31); Expulsion (Art.32); and
Naturalisation (Art.34).
The
Memoranda of Understanding (MOU) between Australia, Papua New Guinea and Nauru
state that all persons entering under this arrangement will have left after six
months “or as short a time as is reasonably necessary”.
As at
January 2002, no country except Ireland has publicly pledged to take the
refugees for resettlement (and Ireland has only offered to take 50 of the more
than 1,550 people being processed in Nauru and Papua New Guinea). There will be
difficulty meeting the May 2002 deadline for all asylum seekers to leave Nauru,
especially as there are many refugees already waiting for resettlement in other
countries.
The
Australian government has successfully lobbied to extend the MOU for Manus
Island, Papua New Guinea until October 2002, to avoid a crisis that would fall
in the middle of an election campaign for the June 2002 Papua New Guinea
national elections. There are serious questions about what will happen next,
given that there are conflicting messages about the future of those assessed as
refugees, as well as those who do not gain refugee status. All applications for
the original 216 asylum seekers on Manus Island have been processed, but the
refugees are still awaiting notification of countries willing to take them for
resettlement. A further 230 refugees were relocated from Christmas Island to
Manus Island in late January 2002.
The
Australian government has said that its Pacific program for asylum seekers is
developing the capacity of Pacific neighbours to address the refugee issue. But
most developed countries do not have mandatory detention for asylum seekers
(using a mix of short-term initial detention and release into the community
while applications are processed). UNHCR guidelines state: “The detention of
asylum-seekers is, in the view of UNHCR, inherently undesirable.”
Australia’s
bi-partisan policy of mandatory detention is being exported to the region,
distorting the policy and practice of countries like Nauru that have not even
signed the 1951 Refugee Convention. A
policy of mandatory detention is inappropriate in Australia, and it should
certainly not be exported to the region.
With
security and other tasks sub-contracted to private corporations, there are
concerns over accountability and transparency – a key issue in Australian
governance programs in the Pacific islands. Most of the processing of refugee
applications is being done in the Pacific by Australian immigration officials,
but not under Australian law. Asylum seekers are disadvantaged, as neither
Nauru nor Papua New Guinea have the full range of welfare and legal assistance
required for asylum seekers.
Nauru was
under Australian administration until 1968 and Papua New Guinea was an
Australian colony until 1975, so there are strong links between Australia and
these two Pacific nations.
While
government leaders from these countries have supported Australia’s refugee
policy in the Pacific, and many people have expressed humanitarian support for
the refugees and their plight, there has also been extensive regional criticism
of the Australian policy – from Prime Ministers and Presidents, the Pacific
Islands Forum Secretariat, church leaders and non-government organisations. As
detailed in this report, the criticism has been sharp, with Australia accused
of being “big brother”, of “human trafficking,” of “dumping” people in the
Pacific, of breaching the “dignity” of small island states. There has been
significant political fallout, such as the sacking of the Papua New Guinea
Foreign Minister.
The focus
by the Australian government on the so-called “Pacific solution” is seen as
overshadowing other key priorities in the region. The Australian government is
actively promoting accountability, transparency, equity and sustainability as
key principles for governance in the Pacific, so the lack of transparency and
sustainability in the current program has sparked widespread anger. At a time
when other Australian policies (e.g. on climate change) are stretching
relations with island countries, the refugee crisis has further damaged
Australia’s image in the region.
A major focus for Australia’s development assistance program in the Pacific region is the strengthening of regional multilateral agencies. Through AusAID’s Pacific regional program, the Australian government gives strong financial and political support to regional inter-governmental organisations, such as the Secretariat of the Pacific Community (SPC) and the Pacific Islands Forum Secretariat. Yet the placement of the asylum seekers in the Pacific in late 2001 was conducted in an ad hoc way, involving no co-ordination and planning with key regional institutions.
The Australian government has recognised that tangible
progress on the intertwined issues of people smuggling, unauthorised migration
and refugees can only be achieved through international cooperation. The capacity to assist asylum seekers
and process their claims should be developed in a planned and orderly manner,
but hundreds of millions of dollars are being spent by Australia for a
relatively small number of refugees, without long term planning or
co-ordination. There should be regional consultation on refugee policy. Pacific
societies are willing to contribute what they can to address the global refugee
issue. However they would like to do this in a considered way, and not as part
of a policy driven by domestic political considerations in Australia.
Oxfam
Community Aid Abroad believes that the so-called “Pacific solution” is no
solution to the issues raised by the Tampa
crisis. It is important that Australia develop new policy on asylum seekers in
the Pacific region, based on humane and sustainable alternatives:
-
An end
to mandatory detention of asylum seekers in the Pacific islands;
-
Support
for Pacific Island governments to sign and ratify the 1951 Convention on the Status of Refugees, the 1967 Protocol and other relevant human rights instruments, and to
fully meet the relevant obligations;
-
Increased
support to address the situation of refugees and internally displaced people in
the Pacific islands in West Papua, Bougainville, Solomon Islands and other
countries;
-
An
increase in Australian development assistance to meet the UN target of 0.7 per
cent of GDP, with special programs targeted at peace-building in areas of
conflict, assistance to countries hosting millions of refugees (such as
Pakistan and Iran) and long-term sustainable development programs;
-
Detention
of asylum seekers only for short periods to allow health, security and identity
checks, followed by release into the community, with adequate funding for
services such as English language training, employment assistance and trauma
counselling; and
- Review of resettlement policies, with Australia to increase the numbers of refugees accepted each year.
In August
2001, a political and humanitarian crisis erupted in the lead up to the
Australian national elections. SAS troops were sent aboard the Norwegian vessel
MV Tampa to stop the captain sailing
to Christmas Island with 433 asylum seekers
rescued from the Indonesian boat Aceng.
Rather than land the asylum seekers on Australian territory, the government
sought out countries in the Pacific willing to establish detention camps to
hold the asylum seekers and process their applications for refugee status.
As detailed
below, Aotearoa/New Zealand, Nauru and Papua New Guinea agreed to take the Tampa refugees and others who arrived in
Australian waters in subsequent weeks. At 30 January 2002, over 1,550 asylum
seekers are located in detention camps in Nauru and Papua New Guinea, while
another 130 have been accepted as refugees in Aotearoa/New Zealand.
Other
neighbouring island countries, including East Timor, Fiji, Palau and Kiribati,
were also approached to take asylum seekers (for details, see Appendix One),
but have not done so as of January 2002.
The
Australian government has stressed that “the Government is firmly committed to
ensuring the integrity of Australia’s borders and to the effective management
and control of the movement of people to and from Australia…Underlying these
commitments is the fact that Australia is a sovereign country which decides who
can and who cannot enter and stay on its territory”.[2]
The Government has denied claims that it fuelled fears about asylum seekers to help win the November 2001 national election. Immigration Minister Phillip Ruddock states: “The facts in relation to Tampa were that people who were safe and secure in Indonesia and wanted to leave Indonesia to come to Australia for essentially a better outcome were rescued at sea”.[3] Minister Ruddock has also suggested that some refugees were not coming to Australia for reasons of political or racial persecution, but because they have made a “lifestyle choice”.[4]
On 28
August 2001, Minister Ruddock told Parliament that new legislation was
necessary because “generous interpretations” of Australia’s obligations under
the 1951 Convention on the Status of Refugees were “adding to perceptions that
Australia is a soft touch”. The then Defence Minister, Peter Reith, also warned
that unauthorised arrival of boats on Australian territory “can be a pipeline
for terrorists to come in and use your country as a staging post for terrorist
activities”.[5]
In
September, the government introduced significant legislative changes to
strengthen border control and the management of unauthorised arrivals.[6]
Along with changes to Australian procedures and the excision of Ashmore,
Carter, Cocos and Christmas Islands from Australia’s immigration boundaries (as
“prescribed excised offshore places”), the new legislation also allows for
people who arrive in an “excised offshore place” to be taken to a “declared
country”.[7]
Thus,
asylum seekers reaching Australian territory such as Ashmore Reef or Christmas
Island can now be relocated to another “declared country”, to be held in an
overseas detention camp while their application for refugee status is
processed, rather than be sent to the Australian mainland. This is why over
1,550 asylum seekers are currently held in detention centres in Nauru and Papua
New Guinea, even though they were seeking refuge in Australia.
The stated
policy of the Australian government is to discourage further people smuggling,
by relocating arriving asylum seekers to another country, rather than
Australian territory. Another stated justification for the Australian policy is
that it strengthens Pacific island capacity to process refugees and internally
displaced people. Foreign Minister Alexander Downer has argued: “One of the
reasons the Papua New Guinea Government was happy for us to set up this ...
processing centre is they have their own problems with illegal migrants and
they didn't have anywhere to process them”.[8]
However,
the new policy of relocating asylum seekers arriving by boat to Pacific island
countries - the so-called “Pacific solution” - was developed in a rapid and ad
hoc manner, without support from regional bodies such as the Pacific Islands
Forum. As detailed below (Appendix Two), there has been widespread criticism of
the policy around the region, and significant political fallout (such as the
sacking of the Papua New Guinea Foreign Minister and the suspension of the
Presidential Counsel in Nauru, who both opposed aspects of the policy).
There is
also concern that the financial inducements offered to Nauru have distorted
Australian development assistance priorities in the South Pacific, which are
supposed to focus on good governance and poverty alleviation.[9]
As detailed below, nearly $100 million has been allocated for the establishment
and running of camps in Papua New Guinea and Nauru in 2001-2. A further
allocation of $30 million to Nauru for hosting the refugees is a major shift in
policy, as the amount is greater than all AusAID funds provided to Nauru
between 1993-2001. There are also significant costs for the Royal Australian
Navy, which has been responsible for border patrol, even as Australian defence
forces have been participating in conflicts in Afghanistan and the Gulf, and
peacekeeping in Timor Lorosa’e (East Timor).
The placement
of asylum seekers in Nauru is based on a Statement of Principles signed on 10
September 2001 by the President of Nauru, Rene Harris, and the then Minister
for Defence of Australia, Peter Reith. The
Nauru government saw the act “as a humanitarian gesture … to provide a
temporary processing site for those people who were rescued at sea by the M.V. Tampa”, with the understanding that
the refugees would be processed and out of the country by May 2002.
The first detention camp on
Nauru was established on 19 September 2001. The costs of
establishing and maintaining
the camps in Nauru and processing applications are being met by Australia.
Processing the applications to determine people’s refugee status is being
conducted by both UNHCR and Australian officials. The cost of setting up and
running the camps in Nauru is estimated by the Australian government at $72
million for 2001-02.[10]
The
original agreement with Nauru in September 2001 to establish a detention camp
to process up to 800 asylum seekers was accompanied by a pledge to Nauru of $20
million for development activities. A subsequent Memorandum of Understanding,
signed on 11 December, extended the number of asylum seekers to 1,200 people at
any one time, and promised a further $10 million.
As at
January 2002, there were a total of 1,118 asylum seekers in detention on Nauru[11],
originally from Afghanistan (735), Iraq (335), Palestine (26), Iran (12), Sri
Lanka (6) and Pakistan (4).
Nauru
initially sought assistance from the United Nations High Commission for
Refugees (UNHCR) and the International Organisation for Migration (IOM)[12]
for the assessment of protection claims and the identification and sourcing of
recipient countries for the refugees. Normally the local government does this
processing, but Nauru is not a signatory to the 1951 Refugee Convention, and has no expertise in processing
applications for asylum.
The asylum
seekers were originally to be housed in modern air-conditioned housing built
for the games of the International Weightlifting Federation, but landowners
refused to allow the property to be used, after requests for extra compensation
were rejected. Two camps were then built: at the old sports ground and oval at
Topside, and on the site of the old Presidential quarters. The Topside camp includes
Afghan, Sri Lankan, Pakistani and Palestinian men, women and children
disembarked from HMAS Manoora, while
State House camp has Afghanis, Iranians and Iraqis disembarked from HMAS Tobruk.
IOM has
responsibility for the management and administration of the two sites where the
asylum seekers are housed. The Topside site was originally a bleak environment
lacking water, sanitation or electricity. The asylum seekers are now housed in
‘blocks’, with a corrugated iron roof, sides of plastic sheeting and green
nylon mesh. An independent visitor to the camp has noted: “Conditions are
harsh, with the heat and humidity consistently in the upper thirties and health
facilities are basic.”[13]
Catering is
handled by a sub-contractor Eurest (a subsidiary of the Compass group of
companies, based in Europe). Camp security is managed by another private
company, Chubb Protection Services, based on a protocol signed by the Nauru
Police Force, the IOM and the Australian Protective Service on 15 October 2001.
In addition
to medical staff at the camp, the asylum seekers use Nauruan medical and dental
facilities. Nauruan senior medical officer Dr. Kieran Keke notes: “Nauru is
having to provide for the refugees in terms of health services which is
stretching our limited health services…Simple things like supplying water to
the camps means that Nauruan houses that have got water on order by truck isn’t
being delivered water because the water truck is going to the camps first.”[14]
Nauru has a
population of just 11,500 and a land area of only 21 square kilometres, much of
which is uninhabitable due to phosphate mining, the major industry in the small
island state.
The Nauru government is eager to source new funds because of
cash flow problems due to declining revenues from the Nauru Phosphate
Corporation, outstanding debts for Air Nauru and limits on mortgaging real
estate investments overseas. As detailed below, Australia provides only a small
amount of development aid to Nauru, and closed the Australian High Commission
in Nauru in 1998.
Nauru relies on a monthly
shipping service for food, fuel and other essentials, but in recent months has
had delays because of non-payment of debts to the shipping company. Over the
past year, Nauru has completely run out of essential commodities on several
occasions including fresh fruit, flour, sugar, rice and the fuel and
lubricating oil needed to operate the island’s power generators and
desalination plant - the only source of fresh water for Nauruans and the asylum
seekers.
The placement of more than
a thousand asylum seekers, plus security guards, UN and IOM staff and other
personnel is placing extra strain on an already difficult situation. Some
materials for the camp have been flown in from Brisbane at great expense,
rather than shipped in on the normal service.
On 11
October 2001, Australia and Papua New Guinea signed a Memorandum of
Understanding (MOU) to establish a processing centre on Manus Island (to the
north of the mainland). All costs of establishing and maintaining the camp and
processing refugee applications are to be met by Australia. IOM has the
responsibility for the management and administration of the camp. The cost of
establishing and maintaining the detention camp on Manus Island in 2001-02 was
estimated at $24 million for the first 216 asylum seekers, but this amount will
increase as extra asylum seekers are relocated to the camp.[15]
The original agreement was to last for six months, and was for a limited numbers of refugees. However, the Australian government has sought to have the agreement extended to 12 months for up to 1,000 asylum seekers, leading to a political dispute and the sacking of the Papua New Guinea Foreign Minister (detailed below). After a delay of nearly three months, on 17 January 2002, the Papua New Guinea Cabinet agreed to increase the number to 1,000 asylum seekers at any one time on Manus Island. The Papua New Guinea Cabinet also approved an extension to the period of stay for the asylum seekers, from six to 12 months.[16]
The
detention camp was established at Lombrum Naval Base on Manus Island on 21
October 2001. This camp initially received 223 mainly Iraqi asylum-seekers
(including 54 children) rescued at sea by HMAS
Adelaide, flown in from Christmas Island. A further 230 people were flown
to Manus Island from Christmas Island in late January 2002. As at 30 January
2002, 446 asylum seekers remain housed in the camp.
As Papua
New Guinea is a signatory to the 1951
Refugee Convention, the appropriate authorities to undertake refugee status
determination processing in Papua New Guinea are the local authorities.
However, processing the refugees on Manus Island is being conducted by
Australian officials, because the UNHCR has refused to contribute to the
processing on Manus Island, after expressing serious reservations about the
ongoing Australian policy of sending asylum seekers to overseas countries.
Accommodation at the camp includes demountable houses and old Nissen huts previously used by the Papua New Guinea Defence Force (PNGDF). Since last year, the camp has been expanded, with the relocation of 16 Papua New Guinea families to a new site and construction of facilities to cater for the married asylum seekers. This has freed up room for an additional 300 to 400 asylum seekers in the Nissen huts.
The
Memorandum of Agreement between the Papua New Guinea and Australian governments
includes the development of basic infrastructure including: the refurbishment
of the Lombrum Base Hospital, with supply of X-ray machines and other medical
equipment; grading and levelling of the road within Lombrum: a proper
sanitation and sewerage system within the camp site; a water treatment plant;
disposal of rubbish and waste; electric water pumps and purifiers; office
space, transport and communication systems for the national liaison team,
storage facilities; support back-up generators for a stable power supply; and
settlement of outstanding water payments.[17]
Up
to 60 casual staff have been hired on Manus Island, and a further 40 men and
women from local villages work as security officers.[18]
The Manus
Island Provincial government has arranged for sporting teams to visit the
asylum seekers and for church groups to assist the detainees. Camp authorities
have built a structure with a concrete floor, beams and a roof to serve as a
mosque. As noted by Dr. Quentin Reilly, former Papua New Guinea Secretary of
Health: “Manus Islanders are setting an example on how people escaping
difficulties and persecution in their homeland should be treated…The people on
Manus Island are not rich in monetary terms – the basic wage is equivalent to
around 30 cents an hour. However their generosity in doing things to assist and
spending their time with the refugees seems to outstrip the compassion and
kindness shown by much ‘richer’ people in the country that sent them there.”[19]
Australia has provided $1 million to a trust fund
established to meet costs associated with the Papua New Guinea Government’s
role in setting up the processing centre. The fund “is jointly administered by
the Australian High Commission and the Secretary for Foreign Affairs will be
replenished by Australia as required and jointly determined”.[20]
As well as paying for the
detention centre and processing costs, the Australian government also agreed to
provide “technical and other assistance to assist them [Papua New Guinea] with
their own illegal movement of people”. Media reports state: “the Papua New Guinea package
could involve expert advice and equipment to help detect document fraud and
sharing of intelligence of illegal movement through the Torres Strait”.[21]
Clause 9 of the MOU with Papua New Guinea also notes: “The site will be returned to the Government of Papua New Guinea, on conclusion of activities related to this MOU, in a condition that would enable similar use in the future, if required.”
In
September 2001, Aotearoa/New Zealand assisted Australia with the initial Tampa crisis by agreeing to take 150 of
the 433 asylum seekers transferred from the MV
Tampa to HMAS Manoora, with
preference going to families. Eventually 131 asylum seekers, mainly Shiite
Hazaris from Afghanistan, were flown to Auckland from Nauru, after being landed
from the Manoora. Aotearoa/New
Zealand agreed to take the asylum seekers for processing, and to resettle the
refugees amongst them. In Aotearoa/New Zealand January 2002, all but one of the
131 people had been declared as refugees and had obtained residency in
Aotearoa/New Zealand – the other application is still being processed.[22]
Unlike Nauru and Papua New Guinea, Australia has not provided any financial
assistance to Aotearoa/New Zealand.
Immigration Minister Philip Ruddock has refused to reveal the full cost of the government’s policy of processing asylum seekers in the Pacific, even though Cabinet was reportedly told it would cost up to $500 million dollars to send asylum seekers to other Pacific nations. According to media reports in January 2002, Cabinet documents indicate that the Government has spent $285 million on the so-called "Pacific solution", and is planning to budget $200 million a year for five years for the program to continue (even though Nauru and Papua New Guinea have been told that the refugees will leave in 2002).[23]
Minister Ruddock has stated: “The cost of Pacific solution is an ongoing cost. If you are asking the question as to whether or not there are additional costs as time goes on associated with the management of the people who are detained of course there will be additional costs, but that doesn't mean there's been a blow out.” Mr Ruddock added: “There are ongoing expenses associated with the Pacific solution, and it’d be naive to believe we’re going to stop feeding people and we're going to stop appropriate provision.”[24]
There are
important questions about the impact of Australia’s refugee policy on
development priorities in the Pacific region, funded through the Australian
Agency for International Development (AusAID).
The 2001
Australian budget estimated aid spending at $164.6 million for the Pacific islands,
focussing on support for “governance and economic reform, education and
training, health, environment and natural resource management and private
sector development”.[25]
A further
$342.9 million is allocated especially for Papua New Guinea (made up of $300.3
million in programmed activities, plus retirement benefits for Australian
colonial administrators and other grants). The total budget for Papua New
Guinea is allocated by sector, negotiated between the Papua New Guinea and
Australian governments, focussing on “governance, education, health,
infrastructure, renewable resources and assisting the peace process in
Bougainville”.[26]
Nauru is
not a major recipient of Australian development assistance. Indeed, because of
revenues derived from phosphate mining, Nauru had one of the highest per capita
incomes in the world in past decades. However, the end of phosphate reserves
and the proposed closure of the mines are raising serious development
challenges for the country. Problems of economic management and poor investment
policies have exacerbated a growing economic crisis.
In 1988,
Nauru took Australia to the International Court of Justice, seeking a
declaration that Australia was responsible for the environmental and social
damage suffered while it administered the United Nations trusteeship over
Nauru. Under the August 1993 Compact of Settlement which ended the case between
Australia and Nauru, the Australian government provided a one-off payment of
$57 million.[27] It also
agreed to pay a further $2.5 million a year (indexed for inflation) under the
Rehabilitation and Development Co-operation scheme. This money has been used to
support waste management and land rehabilitation projects, and other projects
such as building a primary school. Australia also provides about $200,000 each
year for up to three scholarships under the Hammer de Robert Scholarship
scheme.[28]
In the aid
budget for 2001-2, presented by Foreign Minister Alexander Downer in May 2001,
Nauru was only scheduled to receive $3.4 million. Nauru is listed under “Other
island states” – the total budget allocation for bilateral programs under this
heading, for eight small island nations, is only $13.8 million. [29]
|
Year |
90-91 |
91-92 |
92-93 |
93-94 |
94-95 |
95-96 |
96-97 |
97-98 |
98-99 |
99-00 |
00-01 |
01-02 (budget) |
TOTAL |
|
$ AUD million |
0.0 |
0.0 |
0.2 |
2.8 |
2.9 |
2.9 |
3.0 |
2.9 |
2.9 |
3.6 |
3.4 |
3.4 |
$28 million |
Source: Table 1 and South Pacific chapter in AusAID
annual budget papers. [NOTE: In current
prices – no account taken of inflation.]
The
allocation of $30 million to Nauru is therefore a major shift in policy for the
Australian government – the amount is greater than all AusAID funds provided to
Nauru between 1993-2001 (see table). It is also more than 18 per cent of the
total aid spending for the Pacific Islands (excluding Papua New Guinea), which
is budgeted at $164.6 million in 2001-02.
The
original amount of $20 million to Nauru was based on pledges made by then
Defence Minister Peter Reith during his visit to Nauru in September 2001. A
detailed breakdown of this amount has not yet been made public by the
Australian government, but as Senator Robert Hill has noted: “We are giving
immediate help to overcome Nauru’s chronic power and water shortages through
the provision of fuel and spare parts for generators. We are assisting it with
its hospital debts. In the longer term we are looking to provide it with more
scholarships.”[30] The funding
package includes up to $10 million for petrol and diesel fuel supplies for
electricity generation on Nauru. Up to $1 million of medical and hospital bills
for Nauruans treated in Australia would be paid off as part of the package (out
of an estimated $3 million in outstanding debts).[31]
According
to President Harris, other benefits in the $20 million package include the
construction of 26 prefabricated houses, assistance to the Bank of Nauru and
Air Nauru, upgrading and rebuilding telecommunications, assistance with
fisheries surveillance, police training, and more scholarships for Nauruan
students to attend Australian universities and the University of the South
Pacific.[32]
Senator
Robert Hill stated in September 2001: “This aid, which has already started, is
managed and administered by the Australian government’s own aid agency AusAID.
AusAID is responsible for procuring and delivering all goods and services
purchased as part of the aid package to Nauru.”[33]
Under
another Memorandum of Understanding signed on 11 December by Foreign Minister
Downer and President Rene Harris, an extra $10 million was allocated for
development programs, with Australia and Nauru “to develop a medium-term
sustainable development strategy to assist the country in meeting its current
economic and development challenges”.[34]
From this
$10 million grant, money will be allocated for programs in: health ($4.5
million); education ($3.45 million); waste management ($1 million); water tank
repairs ($200,000); police training ($150,000) and technical assistance
($700,000).
As detailed
in its Mid-Year Economic and Fiscal Outlook statement, the Australian
government has budgeted an extra $16.4 million for AusAID to pay power and
hospital bills and other aid for Nauru in 2001-02.[35]
Combined with existing AusAID allocations for Nauru, this will cover the $20
million pledged in September 2001. However Nauru was pledged a further $10
million in December 2001 thus this extra allocation is not sufficient to meet
the amount promised to the Nauru government.
This raises
questions about the sustainability of the so-called development initiatives in
Nauru:
-
Will
the necessary funds to meet the $30 million pledge be drawn from other AusAID
budget lines, with other South Pacific bilateral and regional programs cut back
to meet the Nauru commitments?
-
What
impact will this have on AusAID development priorities in the Pacific
(including good governance and poverty alleviation)?
-
Will
funding for Nauru continue at this increased level in 2002-3, or will the
country simply benefit from a one-off windfall, with no sustainability of
programs?
-
Will
one-off payments for Nauru (e.g. payment of hospital bills in Australia) divert
funds from AusAID’s long-term development priorities such as primary health
care and preventative health education?
There are a
number of humanitarian and political concerns arising from the ad hoc manner in
which the asylum seekers have been relocated to the Pacific islands.
The trauma
and uncertainty for asylum seekers heading to Australia but ending up on
isolated Pacific islands has already resulted in conflict. Some refugees
initially refused the leave the HMAS
Manoora to disembark at Nauru, and were eventually forced ashore. In Papua
New Guinea, two days after arrival at the Lombrum Naval Base, refugees chased
their interpreters from their fenced-off camp, smashed lights and threatened to
scale the fence and tear down the gates. They tied placards to the fence
demanding to be dealt with by the UNHCR, and not the International Organisation
for Migration.[36]
If
applicants are determined to be refugees, but are not resettled before the
deadline for departure from their “temporary” camps, there is increased
potential for further conflict or trauma – as shown by the frustration of
long-term detainees at Woomera in the deserts of South Australia and elsewhere
in Australia, who have rioted, gone on hunger strikes and sewn their lips
together in protest.
One
independent visitor to the Nauru camps has noted that the trauma and conditions
facing the asylum seekers has many serious and adverse effects: “The asylum
seekers are traumatised by the events and many show clear signs of
vulnerability. It is often difficult to interview them. It could be discussed
whether it is appropriate to perform RSD [refugee screening
determination] in such
situations, when the symptoms of Post Traumatic Stress Disorder (PTSD) are
evident and seriously affect the eligibility process…
“I am
reliably informed that in the interviews, the following symptoms for PTSD were
observed: nervousness, anxiety, aggressive attitude, muteness, distrust,
withdrawal, lack of focus and concentration, often shivering of hands during
interviews, outburst of crying.”[37]
When Nauru
was approached to take refugees from the MV
Tampa in September 2001, Nauru’s Solicitor General Kerry Smith proposed
that they could be put to work on public projects: “The island lacks
infrastructure and this is the perfect opportunity to build the island up.”[38] This idea was quickly shelved, with Nauru
government officials acknowledging that the country’s senior legal officer
should have better knowledge of the rights of asylum seekers and refugees.
This
incident highlights an obvious point. Why was the Australian government willing
to transfer asylum seekers to Nauru, when the country has no infrastructure to
deal with asylum seekers, and is not even a signatory to the 1951 Convention on
the Status of Refugees?
In the
Pacific islands region, Convention signatories include Aotearoa/New Zealand,
Fiji, Samoa, the Solomon Islands, Tuvalu and Papua New Guinea. The signature of
France, the United States and the United Kingdom cover their colonies in the
region.
Other
Pacific countries cited as possible locations for detention camps, such as
Palau (pop.16,000) and Kiribati (pop.70,000), have not signed the Convention.
Even being
a signatory does not guarantee the conditions that asylum seekers face while
waiting for the application to be processed. For example, while Papua New
Guinea signed the 1951 Refugee Convention
in 1986, it has placed on it significant reservations: “The Government of Papua
New Guinea in accordance with article 42 paragraph 1 of the Convention makes a
reservation with respect to the provisions contained in articles 17 (1), 21, 22
(1), 26, 31, 32 and 34 of the Convention and does not accept the obligations stipulated in these articles.”[39]
Thus the
Papua New Guinea Government does not accept Convention obligations covering:
Wage-earning employment (Art.17); Housing (Art.21); Public education (Art.22);
Freedom of movement (Art.26); Refugees unlawfully in the country of refuge
(Art.31); Expulsion (Art.32); and Naturalisation (Art.34).
The United
Nations High Commission on Refugees (UNHCR) has expressed concern over the
capacity of the small island states to process refugee applications, in
comparison to Australia. In October 2001, UNHCR spokesperson Ellen Hansen
noted: “On a number of occasions we've expressed reservations about these sorts
of arrangements [in the Pacific] because we do believe that when asylum seekers
come to Australia, then primarily it is a state responsibility for Australia to
ensure that they receive a fair and thorough examination of their claim. Ultimately
protection of refugees is a state responsibility and a country like Australia
which has a very sophisticated and well-developed system of refugee status
determination is, we believe, the most appropriate process to be made available
to these people.”[40]
Senior
government officials have raised concerns over the long-term sustainability of
the Pacific process. Aotearoa/New Zealand Minister of State Services and
Education Trevor Mallard, speaking in Geneva at the UN refugee conference in
December 2001, stated: “From our perspective, it is a very expensive solution
and at some stage there will be value-for-money questions about it. I think it
was a pragmatic solution to an immediate problem, but I have doubts about its
long term sustainability.”[41]
Nauru
officials have repeatedly stated that the camps are temporary and that they
have been told that the refugees will be gone in four to six months. President
Rene Harris has stated: “I have an arrangement with John Howard that there
won’t be anyone left behind.”[42]
The initial Memorandum of Understanding (MOU) between Papua New Guinea and Australia states that “all persons entering Papua New Guinea under this arrangement will have left after six months of entering Papua New Guinea or as short a time as is reasonably necessary”. According to the MOU: “In the event that the time period referred to needs to be extended beyond six months, the parties may jointly decide to do so through further written arrangements… Additional persons can be accommodated and processed by joint determination of both parties.”[43]
Other
Pacific government officials have confirmed that the basis of the initial
approach involved the removal of all people from the camps after processing.
For example, Fiji's Foreign Affairs Minister Kaliopate Tavola stated: “We’re
basically being asked to accommodate a processing centre, and at the end of it
all, no refugee is going to stay in the country. That's the nature of the
request and that's the way we understand it to be.”[44]
As Papua New Guinea agreed to extend the stay of the asylum
seekers until October 2002, Papua New Guinea Foreign Minister John Waiko noted:
“We are ready to receive additional asylum seekers, provided that we have got a
written guarantee from the Australian government that not one single asylum
seeker will remain on the soil of Papua New Guinea after they have been
processed.”[45]
The
extension of time for the refugees on Manus Island will avoid a major political
problem for the Papua New Guinea government, as the first deadline to remove
the refugees from Papua New Guinea territory - May 2002 - was unlikely to be
met. All applications for the original 216 asylum seekers on Manus Island have
been processed, but the refugees are still awaiting notification of countries
willing to take them for resettlement. If no resettlement locations had been
found by May, the resulting crisis would fall in the middle of an election
campaign for the June 2002 Papua New Guinea national elections.
There will
be some difficulty meeting the May 2002 deadline for Nauru, especially as there
are many refugees already waiting in other countries (e.g. in Indonesia, the
UNHCR has identified 535 Afghans, Iraqis and Iranians as refugees since January
2000, but only 65 have been found places for permanent resettlement in a third
country.[46])
Given that it will be difficult to find places for over 1,550 refugees, the
phrase “as short a time as is reasonably necessary” takes on greater
significance.
There have
been some confusing offhand statements by Australian government ministers,
which have concerned Pacific communities about what will happen after six
months. In November 2001, Foreign Minister Downer answered “yes” to a media
query on whether the so-called Pacific solution would remain policy over the
next three-year term of the government.[47]
The same month, Prime Minister John Howard stated that some asylum seekers
could remain in those countries that accepted them for processing.[48]
When asked whether Australia had a moral responsibility to take any of the
refugees currently in Nauru and Papua New Guinea, Phillip Ruddock stated:
“Certainly not.”[49]
As at
January 2002, no country apart from Ireland has publicly pledged to take
refugees for resettlement. In November 2001, Irish minister Liz O'Donnell said
her government had “been approached by the UNHCR to assist some Afghan refugees
who have found themselves unwanted in the South Seas”. The government of
Ireland subsequently offered to take 50 refugees from those 1,550 being
processed in Nauru and Papua New Guinea.[50]
There are
serious questions about what will happen, given that there are conflicting
messages about the future of those assessed as refugees, as well as those who
do not gain refugee status. What happens if non-successful applicants refuse to
leave the camps? Neither the UNHCR nor the International Organisation for
Migration (IOM) will be involved in repatriating people to their homeland
against their will, and past experience suggests that many will refuse to
return voluntarily.
Noel Levi,
Secretary General of the Pacific Island Forum Secretariat, has stated: “We may
end up a region with unwanted people after the processing has taken place and
the professionals and the qualified people have been taken by other countries.
We will be left with the unwanted because so far I have not heard anything from
the UNHCR as to whether they will be responsible for these people after the
processing…From experiences that from other countries that have processed refugees
in the past, we have learned from their experiences that these people, they are
unwanted people and even the ones that were identified as genuine refugees have
stayed longer than anticipated and UNHCR has not made any commitment at all as
to whether they will look after the people who are not accepted to anywhere -
or take them out from the Pacific island countries.”[51]
Most
developed countries do not have mandatory detention for asylum seekers, instead
using a mix of short-term initial detention and release into the community
while applications are processed. Australia’s bi-partisan policy of mandatory
detention (introduced by an ALP government) is being exported to the region, as
John Pace noted in his report to Amnesty International: “What we are witnessing
in Nauru is the first experiment of exporting this practice to other Pacific
countries which do not have the same resources or capacity of Australia’s and
where the mandatory detention may result in more tragic incidents and hardship
for the asylum seekers.”[52]
UNHCR
guidelines state: “The detention of asylum-seekers is, in the view of UNHCR,
inherently undesirable. This is even more so in the case of vulnerable groups
such as single women, children, unaccompanied minors and those with special
medical or psychological needs.” The camps on Nauru and Manus Island appear to
meet the UNHCR definition of detention centres: “confinement within a narrowly
bounded or restricted location, including prisons, closed camps, detention
facilities or airport transit zones, where freedom of movement is substantially
curtailed, and where the only opportunity to leave this limited area is to
leave the territory.”[53]
In
Australia, management of detention camps at Woomera, Villawood and other sites
is contracted to private companies such as Australian Correctional Management,
a subsidiary of the US corporation Wackenhut. Security for the detention camps
in Nauru is also run by a private contractor, Chubb Protection Service.
The role of
private corporations in the asylum process raises many concerns, especially
over transparency, accountability and judicial review. Questions of sovereignty
and legal jurisdiction are especially important if there are hunger strikes,
riots or clashes between refugees and security personnel, as has occurred at
detention camps in Australia.
There are serious questions as to the legality of mandatory detention under the Constitutions of Nauru and Papua New Guinea. For example, Article 5 (1) of the Nauru Constitution states that “No person shall be deprived of his personal liberty, except as authorised by law in any of the following cases” – the cases listed in the Constitution, covering the spread of disease, criminal offences, do not appear to cover the asylum seekers. The Nauru Constitution, in section 5 (2), also guarantees the right of legal representation “to consult in the place in which he is detained a legal representative of his own choice”.[54] As one Nauruan lawyer asks: “Under what law are they held in a compound from which they are not permitted to leave except for medical and like reasons and then under guard?”[55] There are major implications for liability in potential cases of accidental death, appeal against the ruling of Australian officials or conflict between asylum seekers and security guards from a private contracting firm.
The terms
and conditions for security staff in Nauru have already been the matter of
industrial dispute. The Australian Liquor, Hospitality and Miscellaneous Workers
Union successfully supported their members on Nauru in a complaint to the
Industrial Relations Commission, after allegations that guards were offered
lower rates of pay than Australia, the guards’ passports were confiscated on
arrival in Nauru, they were refused medical assistance by their employer, staff
were forced to pay up to $5 for a bottle of water, and one woman allegedly
suffered sexual harassment.[56]
The tribunal ruled in the union’s favour, saying that the guards’ conditions
should be governed by Australian, not Nauruan law, as the contracts were made
in Queensland.[57]
The
processing being done in the Pacific by Australian immigration officials is
being conducted in a foreign jurisdiction. Asylum seekers are disadvantaged, as
neither Nauru or Papua New Guinea have the full range of assistance required,
including:
-
Independent
advice from a registered migration agent to assist asylum seekers in
understanding the screening procedures and resettlement issues;
-
Access
for visitors to the asylum seekers, including telephone and electronic mail;
-
Particular
attention to the needs of vulnerable groups, such as the unaccompanied minors,
the disabled, and the sick; and
-
Provision
of adequate trauma counselling and specialist medical services.
Although refugee numbers within the Pacific region itself
are not as large as in Asia and Africa, the status of refugees and internally
displaced people has become an issue in recent decades. The allocation of hundreds of millions of
dollars towards a relatively small numbers of asylum seekers from the Middle
East and Central Asia also raises questions over the government’s commitment to
refugees in the Pacific region, at a time when there are tens of thousands of
refugees and internally displaced people from crises in West Papua,
Bougainville, Solomon Islands and Fiji.
Bougainville
The conflict in Bougainville in 1988-1998 meant that thousands of Bougainvilleans were internally displaced by force, and many fled as refugees to the neighbouring Solomon Islands. Helen Hakena, of the Leitana Nehan Women’s Development Agency in Bougainville reported: “Our people are being torn from their communities and homes by violence. Many people have either left their homes and communities to settle in peaceful areas or have been herded together like sheep and put in so-called ‘care centres’. We are becoming migrants and refugees – people uprooted from their own backyards. The loss of human dignity is an overpowering consequence of displacement, regardless of clan or gender. Uprooted people experience multiple losses: of families, friends and community; of familiar spiritual, religious and cultural structures that nurture and define basic human identity; of social status; of property, employment and economic resources.”[58]
Solomon Islands
In Solomon Islands, the migration of people from outlying islands to Guadalcanal and the capital Honiara contributed to a major social crisis in 1998-2000, leading to armed conflict between rival militias. Clashes between the Isatabu Freedom Movement of Guadalcanal and the Malaita Eagle Force, the overthrow of the government and the collapse of policing led to more than 100 dead, this with tens of thousands left homeless, and many fleeing from the main island of Guadalcanal to their home islands. Armed clashes between rival militias led to this exodus from Guadalcanal, with an estimated 15-20,000 people evacuated in 1999 (mainly to Malaita), and at least 3,000 more hiding away from their villages by July 2000.[59]
West Papua
There are thousands of West Papuan refugees in Papua New Guinea, who have fled Indonesian military operations against the independence movement Organisasi Papua Merdeka (OPM). West Papuans in Papua New Guinea often had difficulty in being recognised as refugees by the UN High Commission on Refugees and the Papua New Guinea Government (due in part to a tradition of border crossing for indigenous communities that have land on both sides of a frontier that is simply a line drawn on the map).
Some 12,000 West Papuan refugees crossed into Papua New Guinea in 1984 from Indonesian-ruled West Papua. Eighteen years later, there are still over 8,000 of these refugees living in both official and unofficial camps along the border, according to Bishop Gille Cote (Catholic Bishop for the Daru-Kiunga Diocese, which provides assistance to border crossers and refugees).[60] Nearly 3,000 live at Iowara in the East Awin, while another 5000 or more live in 14 unofficial camps along the Papua New Guinea-Indonesian border.
A new wave of refugees and temporarily displaced people
arrived in November 2000, as Indonesia increased military operations against
the newly-mobilised West Papuan nationalist movement. Four hundred asylum seekers fled from West
Papua to Vanimo, Western Province, but the Papua New Guinea Government regards
them as border crossers rather that refugees. The Catholic Diocese of Vanimo,
which spends K100,000 (equivalent to AUD $50,900) a year to support refugees,
has offered to assist the asylum seekers at the Vanimo camp, but only if the
Papua New Guinea Government will allow processing of genuine refugee
applications.[61] However,
when Papua New Guinea signed the Refugee
Convention in 1986, it was worried about the numbers of refugees, and about
offending the Suharto regime, and entered several significant reservations to
articles in the Convention (refusing to accept Convention obligations on
education and housing, and guarding its rights on expulsion and
naturalisation).
Many of the West Papuans living at Iowara have been given temporary residency status by the Papua New Guinean government, but are still residing there as they have nowhere else to settle. The people living in the unofficial camps are not recognised as refugees by the Papua New Guinean government. West Papuan refugees have sought rights to services, housing and education, after fleeing from West Papua in 1984 and being housed in camps along the border at Vanimo, Iowara (East Awin) and other locations.[62]
Many Papuan New Guineans and West Papuans are asking why
Australia is spending millions on the Manus Island camp when there are
desperate humanitarian needs along the border with West Papua.[63]
New Caledonia
The problem of “asylum seekers” is evident in the French colony of New Caledonia, after a group of 110 Chinese arrived in New Caledonia in November 1997 aboard two 40-metre wooden boats. The group was due to be sent back to China in March 1998, but the operation was cancelled after 48 hours of protests in Nouméa. Some 300 French New Caledonians gathered at the Noumea airport to protest the forced repatriation, and 60 of the asylum seekers staged a 48-hour rooftop protest at their detention centre, before being dispersed by police firing rubber bullets.[64]
Most of these refugees were issued with temporary
identification cards. By September 2001, there were still 45 of the group
awaiting final determination of their status (Of the initial 110, 11 went back
to China after spending two years in New Caledonia. Thirty were finally granted
political asylum. Twenty-four others, who had children born in New Caledonia,
were simply provided with residence permits.) Secretary General Alain Marc of
the French High Commission in Noumea has noted: “We are following very closely
the developments of the Australian situation”, awaiting the outcome for the
Tampa refugees before making a final decision on the 45 asylum seekers from
China.[65]
Although the French government
recognised their rights of asylum, the local Government of New Caledonia is
seeking control over immigration and border protection, and there is concern
over the transparency of the decision making by the French authorities.
In recent years, AusAID has reallocated significant funds from long-term bilateral and regional programs towards emergency relief, rehabilitation and reconstruction programs in Bougainville, Timor Lorosa’e and Solomon Islands. Establishing programs of mandatory detention in Nauru and Papua New Guinea conflicts with Australia’s humanitarian efforts in response to other regional crises.
While there is a need to develop a regional response to refugee issues, it cannot be done simply by bilateral arrangements, and without addressing regional concerns over refugees and internally displaced people (e.g. in West Papua and Bougainville).
During the Tampa crisis, many academic commentators
and foreign affairs officers criticised the negative impact that the
government’s refugee policy was having on Australia’s relations with Asia. Few
however commented that the same impact was being felt in the Pacific islands.
As noted by Pacific expert Greg Fry of the Australian National University, the
policy “has serious political implications for a number of Pacific states. It
has also damaged the way Australia is seen in the region and has acted against
the Australian Government’s other foreign policy goals in the area (such as
promoting responsible governance).”[66]
A major focus for Australia’s development assistance program in the region is the strengthening of regional multilateral agencies. Through its Pacific regional program, the Australian government gives strong financial and political support to regional inter-governmental organisations, such as the Secretariat of the Pacific Community (SPC) and the Pacific Islands Forum Secretariat. Yet the placement of the asylum seekers in the Pacific in late 2001 was conducted in an ad hoc way, without co-ordination and planning with key regional institutions.
The focus
by Prime Minister Howard and his government on the so-called “Pacific solution”
is seen as overshadowing other key policies in the region.
At the
beginning of the Tampa crisis,
Foreign Minister Alexander Downer and then ALP Shadow Minister Laurie Brereton
were scheduled to attend the signing of the Bougainville Peace Treaty. This
agreement was an important step in ending the conflict that resulted in more
than 12,000 deaths and dominated Australia’s regional foreign policy for a
decade. The presence of our Foreign Minister and Shadow Foreign Minister at the
signing of the Peace Accord could have been an important statement. But neither
went to Bougainville, as they were busy with the Tampa crisis. Their sense of priorities has been widely noted in
the region.
In Fiji,
many people expressed concern about the symbolism and substance of Australia
lifting sanctions (imposed on Suva following the May 2000 coup) just a few days
before it was announced that Fiji was considering the proposal to host asylum
seekers.[67]
There has
been extensive criticism of the policy – from Prime Ministers and Presidents,
church leaders and non-government organisations. As detailed in Appendix Two,
the criticism has been sharp, with Australia accused of being “big brother”, of
“human trafficking,” of “dumping” people in the Pacific, of breaching the
“dignity” of small island states.
Former high
ranking foreign affairs officials John Piper and Greg Urwin, with long
experience in the Pacific islands, have criticised the government’s policy of
neglect towards the Pacific, noting that attitudes and approaches need to be
modified, such as:
-
The
predominance of domestic priorities in the development and articulation of
policies;
-
Impatience
with dealing with the approach of regional countries deriving from the
asymmetric relationships; and
-
A lack
of historic perspective or vision of Australia’s long-term role in the region.[68]
In August
2001, Prime Minister Howard once again chose not to attend the Nauru meeting of
the Pacific Islands Forum (which unites Australia, Aotearoa/New Zealand and 14
independent island nations, to discuss trade, economic, political and security
issues). As the Prime Minister has only attended two heads of government Forum
meetings since taking office in 1996, there was widespread criticism that he
sent Defence Minister Peter Reith to Nauru, a retiring minister who was not
even contesting the November national elections.
The Australian government has recognised that tangible
progress on the intertwined issues of people smuggling, unauthorised migration
and refugees can only be achieved through international cooperation. In coming months, there are a number
of major meetings where Australia’s refugee policy will be discussed,
including: an international meeting on people smuggling (Indonesia, February
2002); the Commonwealth Heads of Government Meeting (Australia, March 2002);
and the Pacific Islands Forum (Fiji, August 2002).
Oxfam
Community Aid Abroad believes that the so-called “Pacific solution” is no
solution to the issues raised by the Tampa crisis. It is important that Australia
develop new policy on asylum seekers in the Pacific region, based on humane and
sustainable alternatives:
-
An end
to mandatory detention of asylum seekers in the Pacific islands;
-
Support
for Pacific Island governments to sign and ratify the 1951 Convention on the
Status of Refugees, the 1967 Protocol and other relevant human Rights
instruments, and to fully meet the relevant obligations;
-
Increased
support to address the situation of refugees and internally displaced people in
the Pacific islands (in West Papua, Bougainville, Solomon Islands and other
countries);
-
An
increase in Australian development assistance to meet the UN target of 0.7 per
cent of GDP, with special programs targeted at peace-building in areas of
conflict, assistance to countries hosting millions of refugees (such as
Pakistan and Iran) and long-term sustainable development programs;
-
Detention
of asylum seekers only for short periods to allow health, security and identity
checks, followed by release into the community, with adequate funding for
services such as English language training, employment assistance and trauma
counselling; and
-
A
review of resettlement policies, with Australia to increase the numbers of
refugees accepted each year.[69]
At the
beginning of the Tampa crisis in August 2001, the Australian government
approached a number of neighbouring countries to establish offshore detention
centres. Aotearoa/New Zealand, Nauru and Papua New Guinea agreed to take asylum
seekers, but other countries were also approached:
At the
start of the Tampa crisis, the Australian government approached the UN
Transitional Authority in East Timor (UNTAET), to see if the refugees on board
the MV Tampa could be housed in a
camp in Timor Lorosa’e. On August 30, Foreign Minister Downer reportedly
telephoned UN Chief Administrator Sergio De Mello with the request, but after
consultation with the UN Secretary General’s office and the UN High
Commissioner for Refugees in Geneva, the request was rejected.[70]
In Fiji, a
taskforce led by Foreign Affairs Minister Kaliopate Tavola was set up to look
into an Australian request for assistance. Outlining Australia's proposal after
meeting High Commissioner Susan Boyd, Tavola said Fiji was asked to take
between 700 and 1,000 asylum seekers, but this could increase depending on the
number of passengers on board intercepted boats. Possible sites for a detention
centre were floated, including the former leper colony on Makogai Island.
Tavola stressed
the refugees would not resettle in Fiji, as the genuine applicants would be
sent to Australia or Aotearoa/New Zealand and the others shipped back to their
home country. He said Australia would fund the whole operation, including costs
for services such as medical, water, food, homes, roads and electricity. The
amount of $20 million provided to Nauru was a “benchmark” to determine the
amount for extra compensation. Tavola said the refugees would be isolated and
the processing centre turned into a little township: “Fences will be built and
security provided to ensure they are processed and not brought into the
mainland. They will also be guarded well and high security will be provided.”[71]
However
following extensive public debate and criticism (detailed in Appendix Two), the
Australian government withdrew its request for Fiji to host the asylum seekers.
In
September 2001, the possibility of Kiribati taking some asylum seekers was
mooted. Like Nauru, the tiny atoll nation of 70,000 people has limited
resources and is seeking new sources of development revenue. President Teburoro
Tito stated: “When Australia was already asking Kiribati whether there was a
possibility of our helping, it naturally occurred to me that if Nauru was in a
position to provide some help to Australia with only one island, I thought
Kiribati logically should be in a better position to provide some help. It was
in response to what we considered to be a need, a genuine need of a good friend
of Kiribati reaching out to a good friend in the Pacific.” In October 2001
however he noted that: “There is some concern that has been expressed by people
over the idea of Kiribati being involved with people who have connections with
Afghanistan, people from that part of the world, particularly in view of what
has happened in the last few weeks”.[72]
In October
2001, a joint team of three Australian and two i-Kiribati officials travelled
to Kanton Island in the Phoenix group (in the west of the country), to
investigate if an abandoned US military base on the island could be used as a
possible site for a detention camp. Kanton is truly a desert island, located
2,000 kilometres from the capital Tarawa and with no regular shipping or air
services. Kanton was subsequently determined to be inappropriate, given the
distance, cost and lack of infrastructure, and discussions with the Kiribati
government appear to have lapsed.
In October
2001, Australia’s Ambassador to Palau, Timothy Cole, (based in Pohnpei,
Federated States of Micronesia) approached Palau to build a facility there “to
support processing of protection claims for 500 to 1,000 persons”.[73]
At the
time, the Palauan Minister of State, Temmy Shmull, confirmed “I have brought
the request to the President, who has in turn consulted with our traditional
leaders and the governors. Our initial reaction is Australia and Palau have a
very strong relationship and we would consider cooperating.” Mr. Shmull said
Palau's involvement depended on whether Australia found any satisfactory
potential sites and “if this is part of the international humanitarian efforts
to take care of this situation”.[74]
However at January 2002, no refugees had been sent to Palau.
In November
2001, Secretary to Government Panapa Nelesone of Tuvalu stated his country has
received a verbal request from Canberra to process asylum seekers, but as yet
no official approach had been made.[75]
There is some resistance in Tuvalu to the idea, especially as Tuvaluans are
concerned over their own future. Australia’s proposal came just months after
the Australian government rebuffed an approach by Tuvalu to establish a special
immigration program to help Tuvalu’s people, as rising sea levels threaten its
islands.
While some
government leaders have supported Australia’s refugee policy in the Pacific,
and many people have expressed humanitarian support for the refugees and their
plight, there has been extensive criticism of the policy – from Prime Ministers
and Presidents, church leaders and non-government organisations. As detailed
below, the criticism has been sharp, with Australia accused of being “big
brother”, of “human trafficking,” of “dumping” people in the Pacific, of
breaching the “dignity” of small island states.
The
Australian government is actively promoting accountability, transparency,
equity and sustainability as key principles for governance in the Pacific, so
the lack of transparency in the current program has sparked anger over the
hypocrisy evident in Australian refugee policy. At a time when other Australian
policies (e.g. on climate change) are stretching relations with island
countries, the refugee crisis has damaged Australia’s image in the region.
Speaking at
a Pacific Island Forum meeting in Vanuatu on 29 October 2001, the Vanuatu Prime
Minister, Edward Natapei, spoke of the potential social environmental and
economic risks of Australia’s refugee policy. “I am concerned that the big
brothers of the Pacific choose to see the smaller Pacific nations as their
outlet for refugees.”[76]
Natapei stated that his country would definitely reject any approach from
Australia for it to accept asylum seekers for processing. He stated that land
was a precious commodity in the Pacific Islands and, unlike in Australia, there
was very little of it available in the Pacific Islands to be set aside for
refugees. Natapei also said there was a major concern about how long the island
countries would have to accommodate the asylum seekers.[77]
The Pacific
Islands Forum is the main regional body linking Australia, Aotearoa/New Zealand
and the independent island nations of the region. Noel Levi, Secretary General
of the Forum Secretariat, has expressed serious reservations over the impact of
the Australian government’s refugee policy. On 31 October, he stated: “The
emerging refugees market in the region where Forum Island Countries lease out
their territories for quarantine and processing services carries unknown risks.
Yet it is evolving rapidly without the necessary legal and policy framework to
ensure its proper and equitable regulation. Such a substantial population
influx places extreme pressure on our already very limited resources, exposing
our small and vulnerable economies to further social and economic problems
which we can ill afford.”[78]
Levi added:
“That is how I see the evolution of this thing – you’re basically trading
people. Our fear also is that now that there are processing centres in Papua
New Guinea and Nauru, the people or the criminals who are smuggling people out
of their homeland and making big money out of it are going to target directly
those processing centres, because obviously the ultimate target is Australia.”
While the
Qarase government in Fiji established a task force under Foreign Minister
Kaliopate Tavola to study the question, there was extensive public debate over
whether to take asylum seekers. The Director of Fiji’s Human Rights Commission,
Dr. Shaista Shameem, argued that Fiji should contribute, as one of the
wealthier Pacific countries and a signatory to the 1951 Refugee Convention.
However hers was a minority voice.
Recognising
the sensitivity for post-coup Fiji, President Ratu Sir Josefa Iloilo, the Tui
Vuda, opposed taking any asylum seekers: “I am against the refugees coming to
Fiji because we already have enough problems to deal with.”[79]
Labour Party leader Mahendra Chaudhry said Fiji should not be used as a dumping
ground for Australia's problems.[80]
Ratu Epeli Ganilau, chair of the Bose
Levu Vakaturaga (Great Council of Chiefs) said the Council opposed refugees
being sent to Fiji: “Why exacerbate the situation when we have a lot on our
hands to settle and by bringing another potential problematic issue like the
refugee problem?”[81]
The NGO
Coalition on Human Rights, grouping women’s, church and human rights
organisations, said Australia’s proposal was “reactionary and smacks of
political expediency particularly as the country gears up for its November
General Elections. The NGO Coalition on Human Rights condemns Australia’s
cynical and underhand dealings with the Fiji government in its lifting of
sanctions in order to facilitate Fiji’s acceptance as a processing centre for
refugees seeking resettlement in Australia. The NGO Coalition on Human Rights
however, urges the Fiji government to make provisions for a processing centre
not because of the promise of further bilateral agreements with Australia but
because first and foremost of its international obligations to the protection
of refugees and asylum seekers.”[82]
The NGO
Coalition further noted: “that Australia should process these asylum seekers on
its own territory and not seek to exploit its Pacific Islands neighbours like
Fiji. Australia has been benefiting over the years from Fiji’s brain drain of
skilled and professionally qualified former Fiji citizens and this attempt to
persuade Fiji to shoulder part of Australia’s problem is unacceptable to most
people in this country.”
Bishop
Jabez Bryce, Head of the Anglican Church for Polynesia, said Fiji had enough
problems of its own to deal with: “The government should be considerate enough
to seek the views of the people and not blindly give in to such an offer.”
Reverend Aisake Kunanitu Assemblies of God Secretary for Fiji, said although he
was sympathetic towards the refugees on humanitarian grounds: “Australia is
much better off catering for the refugees given its comparatively larger land
mass and economic status.”[83]
The refugee
crisis has damaged Nauru’s reputation, at a time when there has been criticism
of the Nauru government over issues such as money laundering[84];
the sale of passports “used for smuggling criminals and prostitutes from
country to country”[85]
and economic mismanagement.[86]
Nauruan
politicians have criticised President Harris’ policy and actions. Independent
MP Anthony Audoa likened the asylum-seeker deal with Australia to prostitution:
“I don’t know what is behind the mentality of the Australian leaders but I
don’t think it is right. A country that is desperate with its economy, and you
try to dangle a carrot in front of them, of course, just like a prostitute...if
you dangle money in front of her, you think she will not accept it. Of course
she will, because she's desperate.”[87]
When Nauru
was approached to take a further 220 refugees from Christmas Island in
September 2001 (who eventually went to Papua New Guinea), former Nauru
President Kinza Clodumar stated: “You’re joking. That’s becoming a little less
humanitarian. It’s becoming a business”.[88]
In
September, Presidential Counsel David Adeang and Senior Medical Officer Kieren
Keke - members of the opposition party Naoero Amo (Nauru First) - received
letters of suspension without pay from their position as public servants, after
they had criticised the refugee agreement through the newsletter The Visionary.[89]
In spite of
the ongoing support for Australian policy by the Harris government, there have
been many expressions of concern at community level. At the time the policy was
announced in September, Nauru citizens were interviewed on the street:[90]
“We’re scared and worried about the prospect
of living in fear in our home may no longer be the same…How do we know if there
are supporters of Bin Laden amongst them? We are even afraid to send our kids
to school…What happens if there is a riot? How will we handle it? I don’t think
we are equipped or have the manpower. The population is not consulted in this.
We do not think the government is giving us sufficient information on this.”
(Young family from Aiwo).
“My
immediate family struggles to make ends meet and they [the government] expect
me to welcome refugees with open arms as if everything is OK” (Mary, Unebide,
aged 36)
“Can I go and eat with the refugees. I
haven’t been paid yet and I’m hungry. I hear the refugees will be getting free
meals so I’ll go and eat with them”. (Father, Baitsi).
“I was very
supportive of the initial idea of processing refugees in Nauru, but since the
tragedy in the US I’m not sure whether it’s a good idea…..I’m not sure about
the second load of Iraqi refugees who held the captain of the vessel hostage
coming to Nauru. I was so distressed to read about the adverse publicity Nauru
is receiving in the international media…” (Grandmother, Meneng).
On 15
October, a petition was tabled in Parliament calling for “Nauru’s acceptance of
asylum seekers on behalf of Australia to be terminated as soon as possible”.[91]
On
accepting the Australian request to establish a detention centre, Papua New Guinea
Prime Minister Sir Mekere Morauta stated: “We are a country of Christian people
and we must give a helping hand to people who have been terrorised in their own
country by their own regimes. The issue is also one of regional significance.
Is it not fair when Papua New Guinea receives 500 million kina from Australia,
to give a hand?”[92]
On 23
October, Australian High Commissioner Nick Warner sent a diplomatic note to
Papua New Guinea Foreign Affairs Secretary Evoa Lalatute and Foreign Affairs
Minister John Pundari asking Papua New Guinea to expand its capacity to hold an
additional 1,000 asylum seekers on top of the 216 already on Manus Island. He
also asked that the processing time of six months be extended to 12 months.
Foreign Minister Pundari’s reply refused the proposal for further refugees or
an extension of the original agreement. After the reply was published in the
Papua New Guinea media, Sir Mekere Morauta sacked Minister Pundari on 26
October for publicly leaking - and rejecting - Australia's request for Papua
New Guinea to take more asylum seekers above the number already agreed. [93]
Prominent
politicians such as Opposition leader and former Prime Minister Sir Michael
Somare have criticised the deal, seeing it as an infringement of Papua New
Guinea sovereignty. After his sacking, Foreign Minister Pundari criticised the
arrangements as an election issue for Australia, and said that Sir Mekere
Morauta “was helping John Howard and the Liberals to score politically”.[94]
A major
statement from the Pacific Conference of Churches (PCC) and other regional NGO,
church and theological organisations sharply condemned the Australian
government actions as a “trade in human trafficking”. A joint statement from
the churches and NGOs in October 2001 stated: “We also appeal to Pacific Island
Governments to carefully consider the long-term impact and consequences of
accepting Australian aid deals in connection to the refugees. To welcome and
accommodate Australian refugees for the sake of money will add more problems
and will have adverse impacts on our communal life as Pacific communities, as
well as our sovereignty. Pacific island Governments need to focus on finding
solutions to overcome political, social and economic problems at home. We are
also concerned that accepting the Australian aid deals will make Pacific Island
Governments part of the process that solicits money / profits out of trade in
human trafficking, and in this case the asylum seekers. We collectively
reiterate our stand in safeguarding Pacific Islands dignity and refuse to see
the Pacific region continuously becoming a dumping ground for the benefit of
industrialised nations.”[95]
The same
month, the Catholic Bishops Conference of Papua New Guinea and the Solomon
Islands also criticised Australian policy: “The Catholic Bishops Conference of
Papua New Guinea and Solomon Islands believes Australia’s current response to
asylum seekers is wrong. We believe Papua New Guinea should tell Australia that.
Although we are grateful for her support and in desperate need of it, we cannot
encourage her to treat asylum seekers the way she does now…The conference notes
with amazement the haste with which Papua New Guinea has been drawn into this
Australian election issue. Suddenly we have an Australia ready to support, with
funds and infrastructure, accommodation in Papua New Guinea for people from far
away. We ask why similar support has not been extended to assist us with
hosting our recently arrived Melanesian refugees from Irian Jaya?”[96]
AusAID’s
priority to use Australian suppliers for materials has had a negative impact on
some companies that have contracts with Nauru. For example, Richard Reddy, CEO
of Pacific Petroleum Company in Saipan has complained that Nauru stopped paying
its debts to the company after AusAID provided the country with an alternative
supply of fuel from Australia, as part of the deal for Nauru to take asylum
seekers. AusAID issued a tender to deliver fuel to Nauru, but on the criteria
of availability and cost, an Australian supplier was selected. The
Micronesia-based company is suing for unpaid bills, including the cost of the
fuel, freight, interest, legal and collection costs (the Nauru Phosphate
Company owes Pacific Petroleum over US$1.5 million for loads of fuel delivered
to Nauru in March 2000 and June 2001).[97]
[1] All dollar ($) amounts are in Australian
dollars (AUD).
[2] ‘New measures to
strengthen border control’, Department of Immigration and Multicultural Affairs
(DIMA) Fact Sheet No.71, 2 December 2001.
[3] ‘Govt welcomes
PNG's intake of asylum seekers’ ABC News
Online 18 January 2002.
[4] ‘Refugees plight
a ‘lifestyle choice’’, The Australian,
8 January 2002.
[5] Peter Mares in ‘A
Pacific solution: reflections on the Tampa affair and September 11’, Eureka Street, October 2001.
[6] For details, see
‘Australia’s border integrity strengthened by new legislation’, Media release,
Minister Immigration and Multicultural Affairs, 26 September 2001.
[7] A “declared
country” is a country that the Minister declares in writing under s198Aof the Migration Act 1958.
[8] ‘Pacific
detention policy on boat people will stay’, The
Age, 19 November 2001.
[9] In a new
initiative, the Australian Agency for International Development (AusAID) has
announced that reducing poverty will be the “central integrating factor of
Australia’s aid program.” For details, see AusAID: Reducing poverty - the central integrating factor of Australia’s aid
program (AusAID, Canberra, 2001).
[10] ‘Offshore
Processing Arrangements’ Department of Immigration, Multicultural and
Indigenous Affairs (DIMIA) Fact Sheet No.76, 2 January 2002.
[11] ibid.
[12] International
Organisation on Migration (IOM) is the leading inter-governmental agency
established in 1951 working on issues of refugees and migration. Australia is a member of the IOM, whilst
Aotearoa/New Zealand and Papua New Guinea have observer status.
[13] Former UN Human
Rights Commission secretary John Pace visited the camps in Nauru on behalf of
Amnesty International between 8-13 November 2001. Details of camp conditions
are drawn from John Pace: ‘Report of mission to the Republic of Nauru, 8 to 13
November 2001’, photocopy.
[14] ‘Locals question
benefits of adopting “Pacific Solution”’ Asia Pacific program, ABC radio,
November 2001
[15] ‘Offshore
Processing Arrangements’ Department of Immigration, Multicultural and
Indigenous Affairs (DIMIA) Fact Sheet No.76, 2 January 2002.
[16] ‘PNG to take 800
more asylum seekers’, The Age, 18
January 2002.
[17] ‘PNG Government
sidelined on boat people’ The National,
15 November 2001.
[18] ‘More asylum
seekers coming to Manus’, Post Courier, 17
January 2002.
[19] Letter, The Australian, 9 November 2001.
[20] ‘Government
agrees to take in another 784 “refugees”’ The
National, 18 January 2002.
[21] ‘Deal with PNG to
take boatpeople’, The Australian, 12
October 2001.
[22] For personal
stories from the refugees in Aotearoa/New Zealand, see ‘There was nothing left
for us, except to die’, The Age, 14
January 2002.
[23] ‘Pacific solution
cost double Costello's vow’, Sydney
Morning Herald, 24 January 2002; ‘“Pacific solution” saved taxpayer from
heftier bill for detainees: Ruddock’, Sydney
Morning Herald, 25 January 2002
[24] ibid, and ‘Australian government refuses
to reveal cost of Pacific Solution’ Radio
Australia, 24 January 2002
[25] Australia’s Overseas Aid Program 2001-02
– Statement by the Hon. Alexander Downer, Minister for Foreign Affairs, 22 May
2001, p21.
[26] ibid, p15. For details of the PNG
program, see AusAID: Australia and Papua
New Guinea – development cooperation program 2000-2003 (AusAID, Canberra,
2000).
[27] ‘Australia to pay
Nauru $107m in compensation’, Australian
Financial Review, 10 August 1993.
[28] AusAID: Pacific Program Profiles 2000-01
(AusAID, Canberra, 2001) p25.
[29] Australia’s Overseas Aid Program 2001-02
– Statement by the Hon. Alexander Downer, Minister for Foreign Affairs, 22 May
2001, p27 and p66.
[30] ‘Illegal
Immigration: Unauthorised arrivals’ Senator Robert Hill, Reply to question by
Senator Bourne, Senate Hansard, 19
September 2001.
[31] ‘President to
request health aid’, The Australian
10 October 2001.
[32] The Visionary, No.11-01, 9 November
2001, p22.
[33] ‘Nauru’ Senator
Robert Hill, Reply to question by Senator Bourne, Senate Hansard, 24 September 2001.
[34] ‘MOU on Asylum
Seekers signed with Nauru’, Media Release, Minister for Foreign Affairs
Alexander Downer, 11 December 2001.
[35] Mid-Year Fiscal and Economic Outlook
2001-2002, Appendix E, Table 13: Expense measures since the 2001-02 Budget.
[36] ‘Asylum seekers
rebel at Manus Island, Papua New Guinea camp’, Post-Courier, 24 October 2001.
[37] Former UN Human
Rights Commission secretary John Pace: ‘Report of mission to the Republic of
Nauru, 8 to 13 November 2001’, photocopy.
[38] ‘Nauru law
officer tells of work plan’, The Age,
5 September 2001.
[39] UN Treaties
Database: UN Convention on the Status of
Refugees: Papua New Guinea, p3 [emphasis added].
[40] ‘PNG: No one to
process angry asylum-seekers’, Asia Pacific program, ABC Radio, 25 October 2001.
[41] ‘Commonwealth
colleagues attack asylum seekers plan’, The
Weekend Australian, 15-16 December 2001.
[42] ‘Going it alone –
how the UN rebuffed John Howard’, The Age,
November 2001.
[43] ‘Manus - NO to
more refugees’, Post Courier, 13
November 2001; ‘Australia assures PNG, Nauru it will honour refugees pact’ Post Courier, 15 November 2001 [emphasis
added].
[44] Asia Pacific
program, ABC Radio, 25 October 2001.
[45] ‘Government
agrees to take in another 784 “refugees”’, The
National, 18 January 2002.
[46] Peter Mares: ‘If
not the Pacific solution, then what?’ Financial
Review, 21 December 2001. See also ‘A Pacific solution: reflections on the
Tampa affair and September 11’ Eureka
Street, October 2001.
[47] ‘Pacific
detention policy on boat people will stay’ The
Age, 19 November 2001.
[48] ‘Australia
assures PNG, Nauru it will honour refugees pact’ Post Courier, 15 November 2001
[49] ‘Asylum seekers
and the UNHCR’, AM program, ABC Radio 8 January 2002.
[50] PINA News, 14
November 2001.
[51] ‘Refugee “Pacific
Solution” creates friction for island nations’, PM program, ABC Radio, 29 October 2001.
[52] Former UN Human
Rights Commission secretary John Pace: ‘Report of mission to the Republic of
Nauru, 8 to 13 November 2001’, Photocopy
[53] UNHCR Guidelines on the Detention of Asylum
Seekers, 26 February 1999.
[54] Details of the
Nauruan Constitution and relevant legislation can be found on the USP Law
School website at
http://www.vanuatu.usp.ac.fj/paclawmat/Nauru_legislation/Nauru_Constitution.html
[55] The Visionary, No.11-01, 9 November
2001.
[56] ‘Union slams
conditions for guards on Nauru’, PM, ABC
Radio, 12 October 2001.
[57] ‘Contract system
applies in Nauru’, The Australian, 11
January 2002.
[58] Helen Hakena:
‘War leads to human rights abuses’, Pacific
Women Against Violence newsletter, Vol.4. No.4, April 1999.
[59] Amnesty
International: Solomon Islands – a
forgotten conflict (ASA 43/005/2000 7 September 2000). See also Tarcisius
Tara Kabutaulaka: ‘Beyond ethnicity – understanding the crisis in the Solomon
Islands’, Pacific News Bulletin, May
2000.
[60] ‘8000 West
Papuans still in camps 18 years later’, The
Independent, 15 January 2002.
[61] ‘PNG considers
Australia's request to take more asylum seekers’ Radio Australia, 2 November 2001.
[62] Rex Rumakiek:
‘Human Rights violations in West Papua’ in No
Te Parau Tia, No Te Parau Mau, No Te Tiamaraa (PCRC, Suva, 2000) p40.
[63] See for example, the October 2001 statement of the Catholic Bishops
Conference of Papua New Guinea and the Solomon Islands (Appendix Two)
[64] ‘Chinese boat
people languish as New Caledonia debates future’, Agence France-Presse, 30 October 1998
[65] Les Nouvelles Calédoniennes, 18
September 2001.
[66] See for example,
former Ambassador to Cambodia Tony Kevin: ‘How John Howard hurts us overseas’ The Age, 28 November 2001; former
Ambassador to Indonesia Richard Woolcott: ‘Leadership? Not Howard’, The Age 5 November 2001; ‘Time Canberra
listened to its best friend in Jakarta’, The
Weekend Australian, 3-4 November 2001; ‘The stain of shame spreads –
cynical scare-mongering offends more and more eminent Australians’ The Australian, 8 November 2001.
[67] Asia Pacific
program, ABC Radio, 25 October 2001.
[68] Greg Urwin and
John Piper: ‘Australian policy towards Papua New Guinea and the South Pacific –
critique and response’, seminar presented at the Centre for Contemporary
Pacific, Australian National University, 29 October 2001. Greg Urwin is a
former First Assistant Secretary for the South Pacific in the Department of
Foreign Affairs and trade and a former ambassador to Fiji and other Pacific
nations.
[69] Alternatives to
current policy are suggested in ‘The Refugee Convention – Where to from here?’
Report of a conference sponsored by The Centre for Refugee Research, UNSW, 6-9
December 2001; or Peter Mares: ‘A Humane Alternative’, The Age, 14 November 2001.
[70] ‘Going it alone –
how the UN rebuffed John Howard’, The Age,
November 2001.
[71] ‘Australia
accused of human trafficking’, Agence
France Presse (AFP), November 2001.
[72] ‘Asylum seekers
face confinement on bleak central Pacific Kanton atoll, Kiribati’, Agence France-Presse, 24 October 2001.
[73] ‘Millions more to
pay for Australia’s boat people Pacific solution, possibly to include Palau’, Sydney Morning Herald, 18 October 2001.
[74] ibid.
[75] ‘Tuvalu approach
doesn't mean we're desperate: Australia’, PINA Nius Online, 14 November 2001.
[76] ‘Refugee “Pacific
Solution” creates friction for island nations’, PM program, ABC Radio, 29 October 2001.
[77] Pacnews, 31 October 2001.
[78] ‘Misadventures in
paradise’, The Australian, 2 November
2001.
[79] Fiji Times, 31 October 2001. See also
‘No Boatpeople here, Fijian leader warns’, The
Australian, 1 November 2001.
[80] ‘Australia
accused of human trafficking’, Agence France
Presse (AFP), November 2001.
[81] ‘Fiji Great
Council of Chiefs opposed to refugee processing centre’, Radio Australia, 1 November 2001.
[82] Media release, 25
October 2001.
[83] Fiji Times, 30 October 2001.
[84]‘Nauru yields on
money laundering’, The Australian 29
August 2001.
[85] Letter from
Justice Department in Nauru, cited in ‘Bogus passports scam’, Sunday Age, 19 August 2001.
[86] ‘Paradise well
and truly lost’, The Economist, 22
December 2001.
[87] ‘Nauru MP likens
asylum-seeker deal to prostitution’ Radio
Australia News, 12 December 2001.
[88] ‘Nauru balks at
third batch of asylum seekers’, The
Australian, 1 October 2001.
[89] ‘Paradise lost?
Nauruans begin to question deal’, The Age,
9 October 2001.
[90] ‘Meet the People’
The Visionary, No.8-01, 17 September
2001, p12.
[91] Text of petition
in ‘Parliament petitioned about refugees’ The
Visionary, No.11-01, 9 November 2001.
[92] ‘Asylum fallout
shakes PNG’, The Age, 27 October
2001.
[93] ‘Contents of
Australia-PNG asylum seeker diplomatic note’, Post-Courier, 30 October 2001. ‘Asylum fallout shakes PNG’, The Age, 27 October 2001, p1.
[94] ‘Former Foreign
Affairs Minister accuses PNG PM Morauta of double standards’, The National, 5 November 2001.
[95] ‘Refugees in the
Pacific’, Joint statement by the Pacific Conference Of Churches, Pacific Desk
of the World Council of Churches, Pacific Islands Association of
Non-Governmental Organisations, Pacific Concerns Resource Centre, Pacific
Theological College, Pacific Foundation for the Advancement Of Women,
Foundation of the Peoples of the South Pacific, Ecumenical Centre for Research
and Advocacy and South Pacific Association of Theological Schools, 26 October
2001.
[96] ‘PNG, Solomons’
Bishops oppose Australian treatment of asylum seekers’, The Independent, 18 October 2001.
[97] Letter to the
editor from Pacific Petroleum, Pacific
Islands Report, 23 October 2001. See also ‘Oil debts unpaid after
asylum-seeker deal struck’, Asia Pacific, ABC
Radio, 13 November 2001.